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	<title>Comments on: Legal Aspects of Aircraft Ownership &#8211; Part 1 &#8211; Using an Enterprise to Hold your Aircraft</title>
	<atom:link href="http://airspeedonline.com/2008/02/legal-aspects-of-aircraft-ownership-part-1-using-an-enterprise-to-hold-your-aircraft/feed/" rel="self" type="application/rss+xml" />
	<link>http://airspeedonline.com/2008/02/legal-aspects-of-aircraft-ownership-part-1-using-an-enterprise-to-hold-your-aircraft/</link>
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		<title>By: Anonymous</title>
		<link>http://airspeedonline.com/2008/02/legal-aspects-of-aircraft-ownership-part-1-using-an-enterprise-to-hold-your-aircraft/#comment-76</link>
		<dc:creator><![CDATA[Anonymous]]></dc:creator>
		<pubDate>Wed, 27 Feb 2008 22:38:00 +0000</pubDate>
		<guid isPermaLink="false">http://airspeedonline.com/?p=95#comment-76</guid>
		<description><![CDATA[Thanks for the program and your public service.&lt;br/&gt;&lt;br/&gt;My potential co-owners and myself are looking at purchasing an aircaft purely for personal use.  We have drafted a comprehensive co-ownership agreement and are taking measures to explicitly maintain our status as &quot;just three guys who co-own an asset&quot;.  Obviously, if we take &quot;boneheaded&quot; actions, we&#039;re personally liable as individuals, but on what basis (in any state) are you suggesting that simply co-owning, maintaining and using an asset puts one at risk of being called a &quot;partnership&quot;?&lt;br/&gt;&lt;br/&gt;If we form any &quot;entity&quot; we&#039;re putting outselves in the crosshairs of significant tax liability for sales (not applicable in TX by &quot;occasional sale&quot; rule), use (NA for &quot;hobby&quot;) and property taxes (around 2.5% annually here).  For that, I could buy some serious upgrades to my liability policy.&lt;br/&gt;&lt;br/&gt;thanks for any feedback.&lt;br/&gt;Derek]]></description>
		<content:encoded><![CDATA[<p>Thanks for the program and your public service.</p>
<p>My potential co-owners and myself are looking at purchasing an aircaft purely for personal use.  We have drafted a comprehensive co-ownership agreement and are taking measures to explicitly maintain our status as &#8220;just three guys who co-own an asset&#8221;.  Obviously, if we take &#8220;boneheaded&#8221; actions, we&#8217;re personally liable as individuals, but on what basis (in any state) are you suggesting that simply co-owning, maintaining and using an asset puts one at risk of being called a &#8220;partnership&#8221;?</p>
<p>If we form any &#8220;entity&#8221; we&#8217;re putting outselves in the crosshairs of significant tax liability for sales (not applicable in TX by &#8220;occasional sale&#8221; rule), use (NA for &#8220;hobby&#8221;) and property taxes (around 2.5% annually here).  For that, I could buy some serious upgrades to my liability policy.</p>
<p>thanks for any feedback.<br />Derek</p>
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		<title>By: PilotPaul</title>
		<link>http://airspeedonline.com/2008/02/legal-aspects-of-aircraft-ownership-part-1-using-an-enterprise-to-hold-your-aircraft/#comment-72</link>
		<dc:creator><![CDATA[PilotPaul]]></dc:creator>
		<pubDate>Mon, 11 Feb 2008 19:44:00 +0000</pubDate>
		<guid isPermaLink="false">http://airspeedonline.com/?p=95#comment-72</guid>
		<description><![CDATA[Thanks for the great show!  I had a discussion with my lawyer on this exact topic when I purchased a Cessna 150.  His opinion was using an enterprise to hold my aircraft would not offer much protection if I was the only one flying the aircraft.&lt;br/&gt;&lt;br/&gt;His opinion was if I am flying the aircraft, and something happens ... I am getting sued no matter what structure the aircraft is owned.&lt;br/&gt;&lt;br/&gt;Can you explain a situation where placing the aircraft in a corporate entity may offer protection assuming I am the only pilot of the aircraft and the only one that actually touches the aircraft.&lt;br/&gt;&lt;br/&gt;Thanks for a great Program!]]></description>
		<content:encoded><![CDATA[<p>Thanks for the great show!  I had a discussion with my lawyer on this exact topic when I purchased a Cessna 150.  His opinion was using an enterprise to hold my aircraft would not offer much protection if I was the only one flying the aircraft.</p>
<p>His opinion was if I am flying the aircraft, and something happens &#8230; I am getting sued no matter what structure the aircraft is owned.</p>
<p>Can you explain a situation where placing the aircraft in a corporate entity may offer protection assuming I am the only pilot of the aircraft and the only one that actually touches the aircraft.</p>
<p>Thanks for a great Program!</p>
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